Probate Property Purchase Guide

Summary

In a situation where a will is fabricated and the property title is in question, you are not responsible for property taxes unless you own the property. Tenants generally have rights even if the property owner is deceased or missing, but these rights vary by jurisdiction. To purchase the home, determine your budget, get pre-approved for a mortgage, find a real estate agent, search for homes, make an offer, conduct a home inspection, and close the deal. Consult a local property attorney to explore your options regarding tenancy rights and the probate process.

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I agreed to renovate a home preparing for probate in exchange for residing in the garage apartment. When the application to probate the will was filed, the executor filed a petition to contest. The last court proceeding for probate was 5 months ago. I have found out that the will was entirely fabricated. The deceased owner was not legally the home owner. It was his older brother's. They had no other siblings, neither had a spouse or any children. The fake will was created after the younger brother passed and they found no living heirs would be claiming the home. The posing heir has abandoned the probate case, sold his home and left town. The posing executor wants nothing to do with the fraudulent will. I receive mail regularly of the defaulted costs for property taxes rising. What are my options here legally. Is there a process for tenants if the owner disappears or suddenly passes away
You have a complex situation with potential legal ramifications. Here are some general points to consider:
- Probate and Property Title: Since the will was fabricated and the actual owner is deceased, the property title is in question.
- Tax Liabilities: You are not responsible for property taxes unless you own the property.
- Tenant Rights: Generally, tenants have rights even if the property owner is deceased or missing. These rights vary by jurisdiction.
You should consult a local property attorney to explore your options, especially regarding your tenancy rights and the probate process.
I am interested in purchasing the home. How would I begin this process?
To begin the process of purchasing a home, you can follow these general steps:
*. Determine Your Budget: Assess your financial situation and determine how much you can afford.
*. Get Pre-Approved for a Mortgage: Contact a lender to get pre-approved for a loan.
*. Find a Real Estate Agent: They can help you find homes and negotiate deals.
*. Search for Homes: Look for homes within your budget and preferences.
*. Make an Offer: Once you find a home, make an offer to the seller.
*. Home Inspection: Get the home inspected to identify any issues.
*. Close the Deal: Finalize the purchase through a closing process.
Do you have any specific questions about any of these steps?